LPG reserves the right, in its sole discretion, to update or modify this Agreement at any time. Your continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Please read this Agreement carefully and if You have any questions, please call 1 (800) 846-0972. In connection with your use of the Site, LPG hereby grants You a non-exclusive, non-transferable, limited right to access, use and display the Site for your personal, noncommercial use, provided that You comply fully with the provisions of the Agreement.
1. About the Site. The Site offers information about the product, the OptiGrill, and also provides You the opportunity to purchase the product. See Customer Service for terms of the product's Money Back Guarantee and return process. All orders subject to acceptance by LPG.
2. No Warranty/Limitation of Liability. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. LPG, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS ("LPG PARTIES") MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE OR RELATED INFORMATION PROVIDED TO YOU BY LPG. LPG PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND MATERIALS FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
3. YOU FURTHER AGREE THAT LPG HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT MAINTAINED BY OR TRANSMITTED THROUGH THE SITE.
4. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, EVEN IF LPG WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LPG PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. THE LPG PARTIES DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE.
5. Indemnification. You agree to indemnify, hold harmless and, at Our option, defend LPG Parties from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site, your violation of this Agreement, or your infringement or use of any Intellectual Property Rights (as defined herein).
6. Links. The Site may contain links to other Web sites. LPG does not control such other Web sites and is not responsible or liable for the availability thereof or the products, services or other materials contained on such Web sites. LPG shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by You in connection therewith. Your access and use of linked Web sites, including the products, services and materials therein, is solely at your own risk.
7. Intellectual Property. You hereby agree and acknowledge that as between You and LPG, LPG owns all right, title and interest in and to this Site, including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. You acknowledge that all marks that appear throughout the Site belong to LPG, or the respective owners of such marks, and are protected by applicable trademark and copyright laws. Any use of any of the marks appearing throughout the Site without the express written consent of LPG or the owner of the mark, as appropriate, is prohibited.
9. Severability/Waiver. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.
10. Modifications/Termination. LPG reserves the right at any time to modify, suspend or permanently discontinue the Site, or any portion thereof, with or without notice. You hereby agree that LPG shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site. If You become dissatisfied with this Site in any way, your only recourse is to immediately discontinue such use.
11. Arbitration. All legal issues arising from or related to the use of this Site shall be construed in accordance with the laws of the Commonwealth of Virginia applicable to contracts entered into and wholly to be performed within Virginia. Any controversy or claim arising out of or relating to this Agreement or your use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in Virginia and judgment on the arbitration award may be entered into in any state or federal court in Virginia having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) The use of this Site and the terms of this Agreement shall be governed exclusively by the laws of the Commonwealth of Virginia and the Federal Arbitration Act, without regard to conflict of laws provisions. By using the Site and thereby agreeing to the Agreement, You hereby consent to the personal jurisdiction and venue in the state and federal courts sitting in the Commonwealth of Virginia. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED.
12. Third Party Disputes. If there is a dispute between You and any third party, You understand and agree that LPG is under no obligation to become involved. In the event that You have a dispute with one or more other third parties, You hereby release LPG Parties from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site. If You are a California resident, You waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
13. Assignment. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
14. Entire Agreement. This Agreement constitutes the entire agreement between you and Us relating to the subject matter herein.
15. Feedback. If you have comments on the Site or ideas on how to improve it, please e-mail OptiGrill@LifestyleProductsGroup.com. Please note that by doing so, You also grant LPG permission to use and incorporate your ideas or comments into the Site without compensation.
16. Customer Service. If you have any questions or concerns about the Site, contact us at OptiGrill@LifestyleProductsGroup.com.
Effective Date: July 1, 2013.